Fundamental Rights are the basic rights the Constitution gives every person in India. They are in Part III, from Article 12 to Article 35. They are not favours from the government. They are limits on the government. If a law breaks them, a court can cancel that law.
What Fundamental Rights are
Limits on the State, written into the Constitution.
Under British rule, the government could arrest people without a reason, ban meetings and shut newspapers. No court could stop it. The makers of our Constitution had seen this. So they wrote a list of rights that no government, not even an elected Indian one, could take away by an ordinary law.
Part III is often called the Magna Carta of India. The idea of a written list of rights came from the Bill of Rights of the USA. But India's list is much more detailed, and it writes the limits of each right into the same article.
Article 12 says who "the State" is: the Government and Parliament of India, state governments and legislatures, local bodies like municipalities and panchayats, and other authorities under government control (courts have counted LIC and ONGC here). Article 13 says any law that takes away or breaks a Fundamental Right is void, to the extent it breaks it.
- Called Article 32 the "heart and soul" of the Constitution
- Known as the chief architect of the Constitution
- Headed the Assembly's Advisory Committee on Fundamental Rights, Minorities and Tribal Areas
- Also India's first Deputy Prime Minister
- His sub-committee prepared the first list of rights
- It reported to Patel's Advisory Committee
The demand for written rights is older than the Constitution. The Nehru Report (1928), drafted by a committee under Motilal Nehru, included a list of fundamental rights. At its Karachi session (1931), the Congress passed a resolution on Fundamental Rights and Economic Policy. The Constituent Assembly built Part III on this base.
| Feature | What it means |
|---|---|
| Negative | They mostly tell the State what it must not do. |
| Justiciable | You can go to court to enforce them, unlike the Directive Principles. |
| Not absolute | The State can put reasonable restrictions, e.g. for public order or security. |
| Some for citizens only | Articles 15, 16, 19, 29 and 30; the rest also cover foreigners. |
| Some bind private persons too | For example, Article 17 (untouchability) and Article 23 (forced labour). |
| Can be amended | By a Constitutional Amendment, but not so as to destroy the basic structure. |
| Can be suspended | Partly, during a National Emergency, except Articles 20 and 21. |
The six Fundamental Rights
Seven in 1950, six today. Learn the article ranges.
Equal before law, no discrimination, equal chance in government jobs, end of untouchability and titles.
Six freedoms (speech, assembly and more), protection when accused, life and liberty, education (21A), safeguards on arrest.
No human trafficking or forced labour; no child below 14 in factories, mines or hazardous work.
Follow and spread any religion; manage religious affairs; no religious tax; no religious teaching in fully government-run schools.
Protect your language, script and culture; minorities may run their own schools and colleges.
Go straight to the Supreme Court if any of these rights is broken.
The six rights and their articles. Article 31 (property) was repealed in 1978, and 31A to 31C only protect certain laws, so the list jumps from 30 to 32.
E-F-E-R-C-R: Equality, Freedom, Exploitation (against), Religion, Culture and education, Remedies. In article order: 14, 19, 23, 25, 29, 32.
In 1950 there were seven Fundamental Rights. The seventh was the Right to Property (Article 19(1)(f) and Article 31). The 44th Amendment (1978) removed it from Part III. Property is now protected by Article 300A, in Part XII. So it is a constitutional or legal right, not a Fundamental Right.
Articles 23 to 30: exploitation, religion and culture
The rights that do not have their own page.
Articles 14 to 22 (equality and freedom) are explained on their own pages. Here are the rest, one line each.
| Article | What it says |
|---|---|
| 23 | No trafficking in human beings, no begar (unpaid forced work) or other forced labour. |
| 24 | No child below 14 may work in a factory, mine or other hazardous job. |
| 25 | Every person may freely profess, practise and propagate religion, subject to public order, morality and health. |
| 26 | Religious groups may run their own religious affairs and institutions. |
| 27 | No one can be forced to pay a tax used to promote a particular religion. |
| 28 | No religious teaching in schools fully paid for by the government. |
| 29 | Any section of citizens may protect its own language, script or culture. |
| 30 | Minorities (by religion or language) may set up and run their own educational institutions. |
Article 32 and the five writs
The right that protects all the others.
A right that you cannot enforce is only a promise. Article 32 fixes this. It lets any person go straight to the Supreme Court when a Fundamental Right is broken. There is no need to start in a lower court. The Supreme Court then gives an order called a writ.
If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it.
- Habeas Corpus
- "To have the body." Bring the detained person before the court. Used against unlawful detention.
- Mandamus
- "We command." Orders a public official or body to do a duty it must do by law.
- Prohibition
- "To forbid." Stops a lower court or tribunal while a case is going on, if it goes beyond its powers.
- Certiorari
- "To be certified." Takes up a case from a lower court, or cancels (quashes) an order it has already passed.
- Quo Warranto
- "By what authority?" Asks a person to show his right to a public office. Used against illegal occupation of an office.
High Courts, landmark cases and the Emergency
Who else can enforce rights, how courts widened them, and when they can be paused.
- 1950Constitution in force
Seven Fundamental Rights, including the Right to Property.
- 1967Golaknath case
Supreme Court: Parliament cannot amend Fundamental Rights.
- 1973Kesavananda Bharati case
Parliament can amend Fundamental Rights, but cannot change the basic structure of the Constitution. A 13-judge bench decided it 7 to 6.
- 1976ADM Jabalpur case
During the 1975–77 Emergency, the Court said people could not go to court even to protect the right to life. Justice H. R. Khanna disagreed.
- 197844th Amendment
Right to Property removed. Articles 20 and 21 can never be suspended in an Emergency.
- 200286th Amendment
Article 21A: free and compulsory education for children aged 6 to 14.
- 201197th Amendment
Right to form co-operative societies added to Article 19(1)(c).
- 2017K. S. Puttaswamy case
Nine judges: Right to Privacy is a Fundamental Right under Article 21.
When an Emergency is declared for war or external aggression, Article 19 is suspended automatically (Article 358). Under Article 359 the President can suspend the right to go to court for other rights. But Articles 20 and 21 can never be suspended. This was added by the 44th Amendment after the 1975–77 Emergency.
Articles 31A to 35 and more amendment casesTap to open
| Article | What it says |
|---|---|
| 31A | Saves laws on taking over estates and similar land reforms from challenge under Articles 14 and 19 (First Amendment, 1951). |
| 31B | Laws placed in the Ninth Schedule are protected from Fundamental Rights challenges (First Amendment, 1951). |
| 31C | Laws made to carry out Article 39(b) and (c) cannot be struck down for breaking Articles 14 or 19 (25th Amendment, 1971). |
| 33 | Parliament may limit the rights of the armed forces, police, intelligence agencies and their telecom staff, to keep discipline. |
| 34 | While martial law is in force, Parliament may protect officials for acts done to restore order. |
| 35 | Only Parliament, not a state legislature, can make laws on matters like Articles 16(3), 32(3), 33 and 34, and fix punishments for offences under Part III. |
- Shankari Prasad (1951): Parliament can amend Fundamental Rights.
- 24th Amendment (1971): added Article 13(4), so a Constitutional Amendment is not a "law" under Article 13.
- Minerva Mills (1980): the 42nd Amendment's attempt to put all Directive Principles above Articles 14 and 19 was struck down.
- I. R. Coelho (2007): laws added to the Ninth Schedule after 24 April 1973 can still be tested against the basic structure.
- Article 32(3): Parliament may let other courts issue writs, but it has not used this power.
Everything on one look
Articles, numbers, writs and the amendments to remember.
- Part III: Articles 12 to 35
- 7 rights in 1950, 6 today
- 6 freedoms in Article 19
- 5 writs: Articles 32 (SC) and 226 (HC)
- Child labour ban: below 14 (Article 24)
- Free education: ages 6 to 14 (Article 21A)
- 44th (1978): property out; Articles 20, 21 never suspended
- 86th (2002): Article 21A, education
- 97th (2011): co-operative societies in Article 19
- Kesavananda (1973): basic structure
- Puttaswamy (2017): privacy under Article 21
- Article 15: no discrimination
- Article 16: equal chance in government jobs
- Article 19: six freedoms
- Articles 29 and 30: culture and minority institutions
- Article 14: equality before law
- Articles 20, 21, 21A, 22: accused, life, education, arrest
- Articles 23, 24: no exploitation
- Articles 25 to 28: religion
- Right to Property is not a Fundamental Right now. It is a legal right under Article 300A.
- Freedom of Religion is 25 to 28, not 25 to 32.
- Article 17 abolishes untouchability; Article 18 abolishes titles.
- Article 29 is for any section of citizens; Article 30 is for minorities.
- Habeas corpus can be issued by both the Supreme Court and the High Courts.
- Article 226 (High Court) is wider than Article 32 (Supreme Court).
- Prohibition stops a case midway; Certiorari quashes an order already passed.
- Articles 20 and 21 can never be suspended; Article 19 is suspended only in a war or external-aggression Emergency.
- Basic structure came from Kesavananda Bharati, not Golaknath or Minerva Mills.
- The right to vote (Article 326) and property (Article 300A) are constitutional rights outside Part III, not Fundamental Rights.
- Article 33 lets Parliament, not state legislatures, restrict the rights of the armed forces and police.
- Fundamental Rights: Part III, Articles 12–35
- Called the Magna Carta of India
- Idea borrowed from: USA Bill of Rights
- Article 12: defines "the State"
- Article 13: laws against FRs are void
- Right to Equality: Articles 14–18
- Right to Freedom: Articles 19–22
- Against Exploitation: Articles 23–24
- Freedom of Religion: Articles 25–28
- Cultural and Educational: Articles 29–30
- Constitutional Remedies: Article 32
- Heart and soul: Article 32 (Ambedkar)
- Property: removed 1978, now Article 300A
- High Court writs: Article 226
- Privacy: Puttaswamy, 2017
- Advisory Committee on FRs: Sardar Patel
- Nehru Report (1928): early list of rights
- Karachi Congress (1931): resolution on FRs
- Ninth Schedule: Article 31B, First Amendment
A man is held in police custody for a week without being told why. Which writ can his family ask for, and which courts can issue it?
Show answer
The writ of Habeas Corpus ("to have the body"). The Supreme Court can issue it under Article 32 and the High Court under Article 226. The court will order the police to produce him and show the legal reason for holding him.